Hails v. State
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Barkley Hails was convicted of assault and battery in Montgomery court of common pleas, and, upon appeal, in the circuit court, and from the last-named conviction, he appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Barkley Hails was convicted of assault and battery in Montgomery court of common pleas, and, upon appeal, in the circuit court, and from the last-named conviction, he appeals. The defendant was charged fay an affidavit in the inferior court of Montgomery with the offense of assault and battery with an ax, was convicted by the judge of the court of common pleas of Montgomery, and from that judgment of conviction he appealed to the circuit court of Montgomery county, where a trial of said case was had de novo, and the defendant…
1Opinion of the CourtSamford, J.
The first question raised by this record is the constitutionality of the act creating the court of common pleas of Montgomery county, on the ground that the court was given jurisdiction in criminal matters in excess of the jurisdiction of the justices of the peace. Local Acts 1915, p. 9, etc.
[1] Where a part of an act is violative- of the Constitution, and it can be separated and cut off so as to leave the act intact, it will be done, unless the parts are so materially connected and dependent as to justify the belief that the Legislature intended them as a whole, and there is an absence of…
2Cases cited5 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- McGehee v. State ex rel. TateSupreme Court of Alabama · 1916
- Vines v. StateSupreme Court of Alabama · 1880
- State v. RodenAlabama Court of Appeals · 1916
3Cited by2 opinions
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- Reese v. StateAlabama Court of Appeals · 1918